The Principle of Effective Legal Protection in Administrative Law: A European Perspective

by Zoltán Szente (Editor), Konrad Lachmayer (Editor)

Overview

This collection presents a comparative analysis of the principle of effective legal protection in administrative law in Europe. It examines how European states consider and enforce the related requirements in their domestic administrative law. The book is divided into three parts: the first comprises a theoretical introductory chapter along with perspectives from International and European Law; part two presents 15 individual country reports on the principle of effective legal protection in mostly EU member states. The core function of the reports is to provide an analysis of the domestic instruments and procedures. Adopting a contextual approach, they consider the historical, political and legal circumstances as well as analysing the relevant case law of the domestic courts; the third part provides a comparative analysis of the country reports. The final chapter assesses the influence and relevance of EU law and the ECHR. The book thus identifies the most important trends and makes a valuable contribution to the debate around convergence and divergence in European national administrative systems.

 

The Open Access version of this book, available at

https://www.taylorfrancis.com/books/principle-effective-legal-protection-administrative-law-zolt%C3%A1n-szente-konrad-lachmayer/e/10.4324/9781315553979 , has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 licens

Product Details

ISBN-13:	9781317019237
Publisher:	Taylor & Francis
Publication date:	08/05/2016
Sold by:	Barnes & Noble
Format:	eBook
Pages:	400
File size:	4 MB

About the Author

Zoltán Szente is a professor of law and the Head of the Institute for Public Law at the National University of Public Service, and holds a Research Chair at the Institute for Legal Studies of the Hungarian Academy of Sciences, Budapest.

Konrad Lachmayer holds a research chair at the Institute of Legal Studies, Centre for Social Sciences at the Hungarian Academy of Sciences. He is research fellow at Durham Law School and independent researcher in Vienna.

Table of Contents

Introduction - Zoltán Szente and Konrad Lachmayer

I. Conceptual Basis and International Background

Chapter 1: Conceptualising the Principle of Effective Legal Protection in Administrative Law

Zoltán Szente

Chapter 2: Effective Legal Protection in the European Legal Order

Christoph Görisch

Chapter 3: Creating a European-wide Standard of Effective Legal Protection: The European Convention on Human Rights

Marten Breuer

Chapter 4: Effective Legal Protection in International Law

Stephan Wittich

II. The Principle of Effective Legal Protection in National Administrative Jurisdictions

Chapter 5: The Principle of Effective Legal Protection in Austrian Administrative Law

Ulrike Giera, Konrad Lachmayer

Chapter 6: The Principle of Effective Legal Protection in Danish Administrative Law

Søren Højgaard Mørup

Chapter 7: The Effective Legal Protection in French Administrative Law

Sylvia Calmes-Brunet

Chapter 8: The Principle of Effective Legal Protection in German Administrative Law

Diana Princess of Hohenlohe-Oehringen

Chapter 9: The Principle of Effective Legal Protection in Hungarian administrative law

Fruzsina Gárdos-Orosz and István Temesi

Chapter 10: The Principle of Effective Legal Protection in Italian Administrative Law

Fulvio Cortese

Chapter 11: The Principle of Effective Legal Protection in Administrative Law in Lithuania

Jurgita Paužaitė-Kulvinskienė

Chapter 12: Dilemmas and Challenges of Legal Protection against Administrative Actions in the Republic Macedonia

Gordana Siljanovska-Davkova and Renata Treneska-Deskoska

Chapter 13: The principle of effective legal protection in administrative law: the Netherlands

Karianne Albers, Lise Kjellevold and Raymond Schlössels

Chapter 14: The Principle of Effective Legal Protection in Polish Administrative Law

Joanna Lemańska

Chapter 15: Effective Legal Protection in Administrative Law in Slovenia

Erik Kerševan

Chapter 16: The Principle of Effective Legal Protection in Spanish Administrative Law

Angel Manuel Moreno

Chapter 17: The Principle of Effective Legal Protection in the Swiss Administrative Law

Felix Uhlmann

Chapter 18: The Principle of Effective Legal Protection in Administrative Law in the United Kingdom

Robert Thomas

III. Comparative Studies

Chapter 19: The Principle of Effective Legal Protection in International and European Law –Comparative Report

Konrad Lachmayer

Chapter 20: The Principle of Effective Legal Protection in Administrative Law – A Comparison

Zoltán Szente

Editorial Reviews

The efficacy of legal protections for rights is a live issue across Europe, within individual jurisdictions and pan-European legal structures. Szente and Lachmayer have compiled a collection that provides a detailed account of effective legal protection as delivered by national administrative laws. The book provides a jurisdictionally wide-ranging resource for comparative administrative lawyers, and a fascinating counterpart to studies of procedural justice at the European level.

Professor Roger Masterman, LLB, LLM, AKC, Professor of Law and Head of School, Durham Law School, Durham University.

From the Publisher